Preexisting Condition
Sometimes the injury one suffers from an automobile accident is cumulative upon
prior work injuries, other auto accidents, clumsiness, or simply bad genes. Even
the slightest collision added to a person's pre-existing condition that was
asymptomatic can cause pain, disability, and loss of enjoyment of life. The law
in the State of California regarding pre-existing injuries is:
A person who has a condition or disability at the time of an injury is not
entitled to recover damages therefor. However, a plaintiff is entitled to
recover damages for an aggravation of such preexisting condition or disability
caused by the injury.
This is true even if a condition or disability made plaintiff more susceptible
to the possibility of ill effects than a normally healthy person would have been,
and even if a normally healthy person probably would not have suffered any
substantial injury.
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The above is not legal advice. That can only come from a qualified attorney
who is familiar with all the facts and circumstances of a particular, specific
case and the relevant law. See Terms
of Use.
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